Opinion 09-124


September 22, 2009



Hon.


Dear :


         This responds to your inquiry (09-124) asking whether it is ethically permissible for a sitting judge to qualify and carry a firearm within the guidelines of the Law Enforcement Officers Safety Act of 2004 (HR218).


         No ethics rules or opinions prohibit a judge from applying to qualify to carry a firearm under this provision of law. However, the question of qualification is beyond the scope of this Committee (see Judiciary Law §212[2][l]). Enclosed, for your convenience, is Opinion 06-51 which addresses this issue.  


                                                                     Very truly yours,


 

George D. Marlow

Committee Chair

Justice of the Supreme Court (Ret.)


  

Enc.